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December 31, 2014

Exemption No. 11128 Regu latory Docket No. FAA

- 20 14

- 0853

Mr. Brian Burkett

Oak Air Limited 5430 Lauby Road C/O McKinley Air FBO

. North Canton, OH 44720

Dear Mr. Bur kett :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By l etter dated November 7 , 2014

, you petitioned the Federal Aviation Administration (FAA) on behalf of Oak Air Limited (Oak Air), for an exemption from § 135.152, Appendix F, parameter No. 5 ( Normal Acceleration, Vertical) of Title 14 Code of Federal Regulati ons (14 CFR). This exemption , if granted, would allow one CL

- 600

- 2B16 (CL

- 604 Variant)

, N340AK, S/N 5405 aircraft to continue to operate without complying with the required flight recorder data sampling rates of 14 CFR § 135.152, Appendix F. While the pe tition requests relief from Appendix F requirements, relief is actually required from 14 CFR § 135.152, which requires compliance with Appendix F. The FAA has considered the petition as requesting relief from the 14 CFR § 135.152 requirements.

The FAA ha s determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Oak Air

.

The FAA has issue d a grant of exemption in circumstances similar in all material respects to those presented in your petition. In G rant of Exemption No

. 11052 (copy e nclosed), the FAA

found that good cause exists to allow time for the airplane manufacturer to complete

dev elopment of a modification to retrofit the subject aircraft with a redesigned data2

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- E concentrator unit (DCU) capable of providing the normal acceleration parameter information

to the Digital Flight Data Recorder ( DFDR ) system to meet Appendix F requirements, and for the operators to modify their aircraft accordingly. The FAA does not agree with any assertion that flight recorder systems are not safety equipment simply because they do not affect the operation of a given flight. Flight recorder data are often the only evidence of airplane problems available to investigators following aircraft accidents and incidents. However, because the subject airplanes will still be recording flight data and the limitations are known, the FAA agrees that a limited time to complete the upgrades is appropriate.

The FAA finds that since the problem identified in this petition is a system design issue over which CL604 operators have no control or ability to fix, and that since the deficiency would be known to accident investig ators and can be compensated for in any necessary analysis, it is in the public interest to allow continued operation of a limited number of airplanes until the modifications can be incorporated.

Having reviewed your reasons for requesting an exemption, I find that

—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption N o

. 11052 ;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No

. 11052 also apply to the situation you presen t; and

 for the reasons st ated in Grant of Exemption No

. 11052

, a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701

, which the FAA Administrator has delegated to me, I hereby grant Oak Air an exemption from 14 CFR § 135.152 to the extent necessary to allow the listed aircraft to operate without complying with the Normal Acceleration (Vertical) data recording rate requi rement listed in Appendix F

to p art 135, subject t o the conditions and limitations listed herein.

Conditions and Limitations

1. This exemption applies on ly to the following aircraft operated by Oak Air in 14 CFR p art
135 service: CL

- 600

- 2B16, N340AK, S/N: 5405

2. This exemption allows for the continued opera tion of the affected aircraft with a DFDR that receives data from the source sensor for the Normal Acceleration (Vertical) parameter at a rate of 0.2 rather than the required 0.125. No other relief from any other parameter or

other fli ght data recorder p rovision of p art 135 is granted by this exemption.3

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- E 3. Oak Air must establish a firm schedule for accomplishment of the modifications and submit the schedule to its oversight office. The schedule must include the following

milestones :

a. Bombardier service bul letin issued no later than September 30, 201 5 ;

b. Oak Air’s plan for incorporation of the service bulletin on the subject aircraft, to be submitted to its Principal Avionics Inspector or other cognizant oversight office no later than November 1, 2015. The p lan must include modification dates within the term of this exemption for each aircraft listed in condition 1 above;

c. Starting December 1, 2015, Oak Air must provide monthly status reports to its oversight office outlining the completion of the aircraft mo difications necessary to bring its aircraft into compliance with the requirements of 14 CFR § 135.152.

4. Noncompliance with the terms of these conditions and limitations terminates this exemption without further action by the FAA.

5. Use of this exemption is limited to Oak Air while the subject aircraft remain on its p art 135 operations specifications. This exemption may not be transferred to any subsequent operator of the affected airplane. Subsequent operators of the affected airplane must apply for and be granted an exemption in writing before such airplane may be operated.

6. A copy of this exemption must be retained with the operator's DFDR correlation documentation as specified in the applicable provisions of 1 4 CFR § 135.152 until the airplane identifi ed in this exemption has been modified.

7. In the event of an accident or incident after which the DFDR data must be sent to the FAA or the National Transportation Safety Board, the operator must provide a copy of this exemption with the DFDR data.

This ex emption terminates on the sooner of the completion of the modification correcting the deficiency described herein, or on January 31 , 2017 , unless sooner superseded, rescinded or terminated by action of Flight Inspection Services

.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service4

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- E Enclosure Exemption No.11052